Guardians ad litem and child representation in Pennsylvania: who they are, what they owe your child, and who pays
If custody is contested in Pennsylvania, the court can appoint someone to look into your family and report to the judge. This page is what Pennsylvania’s own statutes and court rules say about who that person is, what duty they owe, and — the part almost nobody asks in time — who pays for them.
See a different statePennsylvania
Everything below is traced to Pennsylvania’s own statute or court rule, quoted where the wording matters. Where we could not verify something from a primary source, the page says so in plain terms rather than filling the space. This is information, not legal advice. Corrections go up at thecusp.app/corrections.
What the role is called here
Names matter more than they look. A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer. An attorney for the child argues for what your child actually wants. Those are opposite duties. The four roles, explained in full.
How an appointment happens
The court may on its own motion or the motion of a party appoint a guardian ad litem to represent the child in the action… The court may appoint counsel to represent the child if the court determines that the appointment will assist in resolving the issues in the custody proceeding.
Source: 23 Pa. Cons. Stat. § 5334(a); 23 Pa. Cons. Stat. § 5335(a) · source
What duty they owe your child
hybrid/dual role, split by appointee: guardian ad litem follows best interests; counsel for the child follows the child’s legal/expressed interests. If both are appointed, they are formally split.
If a child has legal counsel and a guardian ad litem, counsel shall represent the legal interests of the child and the guardian ad litem shall represent the best interests of the child.
Source: 23 Pa. Cons. Stat. § 5334(a); 23 Pa. Cons. Stat. § 5335(a) · source
Who can be appointed
23 Pa. Cons. Stat. § 5334(a) states ‘the guardian ad litem must be an attorney at law,’ but Pa.R.Civ.P. 1915.25(b) currently SUSPENDS that requirement, along with the GAL’s dual best-interests/legal-interests role and rights to examine/cross-examine witnesses – meaning a non-attorney may currently serve as guardian ad litem. Separately, ‘counsel for the child’ under § 5335 is by definition an attorney.
Who pays
The court may order a party to pay all or part of the costs of appointing a guardian ad litem under this section.
Source: 23 Pa. Cons. Stat. § 5334(e); 23 Pa. Cons. Stat. § 5335(d) · source
We searched and found no provision in Pennsylvania waiving or shifting these fees for a party who cannot pay them. That does not prove none exists — courts have general fee-waiver powers — but there is no dedicated protection we could point you to. Raise it early if it applies to you.
We looked for an official Pennsylvania fee schedule for privately appointed guardians ad litem and custody evaluators, and did not find one. That is true of almost every state — only Minnesota and Massachusetts publish figures, and both are subsidised program rates rather than market ones.
The numbers circulating online come from law-firm marketing pages. We will not repeat those as though they were sourced. Call your county family court clerk and ask what appointees there actually charge. It is local, current, and free.
The thing worth knowing about Pennsylvania
Pennsylvania’s own statute requires a guardian ad litem to be a licensed attorney (23 Pa. Cons. Stat. § 5334(a)), but that specific requirement – along with the GAL’s dual best-interests/legal-interests role, right to examine and cross-examine witnesses, and bar on testifying – has been suspended by Pa.R.Civ.P. 1915.25(b), so the statute as written no longer fully controls; courts and litigants must consult the rule, not just the statute, to know who may currently serve.
What we could not verify
For Pennsylvania we could not confirm the following from a primary source, and we would rather say so than guess:
- the custody evaluation provision
If you practice in Pennsylvania and can point us at the right provision, tell us. Corrections are published with the date, what changed, and how long the error was live.
Other states
Related
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- Pennsylvania child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made